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July 22, 2022 - 12:06 PM
A Kelowna ophthalmologist is suing Interior Health after it transferred its eye surgery from Kamloops to Kelowna and then refused to rehire him.
According to a notice of claim filed in the B.C. Supreme Court July 15, Dr. Malvinder Hoonjan had practiced eye surgery at Kamloops Royal Inland Hospital for almost a decade when in 2019 Interior Health advised him eye surgery was going to be transferred to Kelowna.
Prior to 2019, hospital-based retinal surgical services with provided exclusively at the Kamloops hospital.
In 2019 Interior Health wrote to Dr. Hoonjan telling him about an "exciting development" and that retinal surgery would be relocated to Kelowna General Hospital.
"With this transition, we hope to provide comprehensive care to all Interior Health residence requiring retinal surgeon surgery," the letter said.
The court documents say that Dr. Hoonjan understood from the letter that he would continue to conduct eye surgery in Kelowna.
However, Interior Health made Dr. Hoonjan reapply for a position in the ophthalmology department at Kelowna General and refused his application.
Interior Health then hired two ophthalmologists, one a previous colleague of Dr. Hoonjan, and the other a recent graduate.
"The decision to not offer Dr. Hoonjan a position at Kelowna General Hospital was procedurally flawed as Interior Health Authority did not comply with its own policies in making the decision to deny (Dr. Hoonjan) hospital privileges," the notice of claims says.
Dr. Hoonjan goes on to say Interior Health's decision not to offer him a position in Kelowna was "arbitrary" and fail to comply with its anti-racism and diversity policy.
The court document says Dr. Hoonjan is a South-Asian Canadian, specifically Punjabi and a Sikh who speaks fluent English, Punjabi, Hindi, and Urdu.
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The eye surgeon accuses Interior Health of breaking its own bylaws which state that it will give staff 12 months' notice if any program or facility closure prevents them from practicing.
It appears from the court documents that Interior Health only gave Dr. Hoonjan four months' notice that eye surgery would be moving to Kelowna.
The documents say Dr. Hoonjan has appealed Interior Health's decision not to allow him to practice through the Hospital Appeal Board and a hearing was held in November 2021.
Dr. Hoonjan is still waiting for a decision.
The eye surgeon seeks damages for breach of contract and breach of duty of good faith, but no dollar figure is given.
Interior Health has yet to respond to the court filing.
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